Passing Off - Reverse Passing Off

Reverse Passing Off

Another variety, somewhat rarer is so-called 'reverse passing off'. This occurs where the defendant markets the plaintiff's product as being the defendant's product (see John Roberts Powers School v Tessensohn FSR 947). It will be recalled that orthodox passing off entails the defendant representing that his product is the plaintiff's product. In many cases, reverse passing off can be explained under the ordinary rules: for example where a defendant may represent that he or she made goods which were in fact made by the plaintiff so as to pass off his own business as a branch of the plaintiff's.

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Famous quotes containing the words reverse and/or passing:

    They shall beat their swords into plowshares, and their spears into pruninghooks: nation shall not lift up sword against nation, neither shall they learn war any more.
    Bible: Hebrew Isaiah, 2:4.

    The words reappear in Micah 4:3, and the reverse injunction is made in Joel 3:10 (”Beat your plowshares into swords ...”)

    The little toy dog is covered with dust,
    But sturdy and stanch he stands;
    And the little toy soldier is red with rust,
    And the musket moulds in his hands.
    Time was when the little toy dog was new,
    And the soldier was passing fair;
    And that was the time when our Little Boy Blue
    Kissed them and put them there.
    Eugene Field (1850–1895)